Abiding ICJ verdict and India stern call for access, Pakistan provides consular access of Kulbhushan Jadhav
New Delhi, August 2: With India’s biggest victory at the International Court of Justice on Kulbhushan Jadhav case, Pakistan has finally bowed down offering consular access to India and Indian Charge d' Affaires Gaurav Ahluwalia will be meeting Jadhav. The fresh development comes after India rejected the offer of consular access the last time after ICJ judgement.
The scenario of relations between India and Pakistan strained after abrogation of Article 370 by Indian Parliament and Pakitan's unacceptance towards it. However, as per the ICJ judgement in July this year, Pakistan was mandated to provide consular access to India as per the Vienna convention. India has always pitched in for an environment which is acceptable to both the countries and, in this regard, the officials said that India hopes that the Pakistan will ensure right atmosphere so that the meeting is free, fair, meaningful and effective in keeping with the letter and spirit of the ICJ orders.
It was however on Sunday, Pakistan said it will grant consular access to Kulbhushan Jadhav, on Monday "in line with the ICJ judgement". The announcement came nearly six months after a meeting between Indian officials and Kulbhushan Jadhav did not materialise amid differences between New Delhi and Islamabad on the terms of the consular access to the retired Indian navy officer.
Kulbhushan Jadhav, 49, was sentenced to death by a Pakistani military court on charges of "espionage and terrorism" in April 2017. Following which India had moved the International Court of Justice (ICJ), seeking a stay on his death sentence and further remedies.
"Consular access for Indian spy Commander Kulbhushan Jadhav, a serving Indian naval officer and RAW operative, is being provided on Monday 2 September 2019, in line with Vienna Convention on Consular relations, ICJ judgement & the laws of Pakistan," Foreign Office Spokesman Mohammad Faisal tweeted. "Commander Jadhav remains in Pakistan's custody, for espionage, terrorism and sabotage," he added.
Earlier, addressing a weekly media briefing on Thursday, Faisal said that Pakistan and India were in contact on the "issue of granting consular access" to Kulbhushan Jadhav. On the same day, India said it had asked for "immediate, effective and unhindered" consular access to Kulbhushan Jadhav from Pakistan. MEA also said that it was in touch with the neighbouring country through diplomatic channels. However, Faisal's tweets on Sunday doesn't say if the consular access is unhindered as demanded by India.
On August 1, Pakistan Foreign Office said the retired Indian Navy officer on death row will be granted consular access the next day. However, the meeting, which was scheduled for 3 pm on August 2, did not materialise amid differences between India and Pakistan on the terms of the consular access to Kulbhushan Jadhav.
The ICJ gave a unanimous decision in favour of India. ICJ in its judgement called out Pakistan for violating the Vienna Convention. It verified the legality of India approaching the court in the matter and reaffirmed its jurisdiction in the case. It declared that Pakistan breached Vienna Convention by not informing India about Jadhav's detention. It ordered Pakistan to provide India consular access to Jadhav. It also said that Pakistan must review and reconsider its conviction of the sentence of Jadhav and declared a continued stay on the execution of Jadhav.